HomeMy WebLinkAbout96-02326
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1N '!'HE COURT OF COMMON Pl.EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-) ,,;II'CIVIL TERM
Cathy J. Coxen,
Plaintiff
Michael D. Coxen,
Defendant
PROTECTION FROM ABUSE
'IKM~A.!U'___I'.HQTlillTlQ1L.!1lill.Ft8
AND NOW, this _.._t~_o.t!':_ day 01' April, 1996, upon presentation
and consideration of the within Petition, and upon finding that
the plaintiff, Cathy J. Cuxen, now residing at 4173 Grouse Court,
H01, Mechanlcsburg, Cumber'land Cuunty, Pennsylvania, is in
Immediate and present danger of abuse from the defendant, Michael
D. Coxen, the following Temporary Order' is entered.
The defendant, Michael D. Coxen, ISSN: 182-46-4003 and date
of birth: 9/8/54) now residing at 17 Country CLub Road, Carlisle,
Cumberland County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, Cathy J. Coxen, or placing her
In fear of ahuse.
The defendant is ordered to stay away from the plaintiff's
residence located at 4173 Grouse Court, *101, Mechanicsburs,
Cumberland County, PennsyLvania, a resLdence which is Lessed
solely hy the p1aintLff, and any other residence the plaintiff
may estabLiHh,
The defendant is ordered to refraLn from having any direct
or indirect contact with the pLaintiff including, but not limited
to, teLephone and written communications, except for the limited
purpose of facilitating pArtial custody arrangements.
The defendant iH pn,joined from hl\('f"'Hin!l and sta1kinr,c the
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of fees, but servioe may be aocomplished under any applicable
rule of Civil Prooedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The Hampden Township Police Department wi 11 be provided with
a certified copy of this Order by the plaintiff's attorney. This
Order shall be enforced by any law enforcement agency where a
violation occurs by arrest for indirect criminal contempt without
warrant upon probable cause that this Order has been violated,
whether or not the violation is committed in the presence of the
police officer. In the event that an arrest is made under this
section, the defendant shall be taken without unnecessary delay
before the court that issued the order. When that court is
unavailable, the defendant shall be taken before the appropriate
district justice. (23 Pa.C.S. g 6113).
By the
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a. On or about April 19, 1996, while the plaintiff
waR at her place of employment, the defendant
repeatedly drove by and telephoned the plaintiff.
After several telephone calls, the plaintiff contacted
her boss, who heard the defendant screaming at the
plaintiff twice over the phone. The plaintiff's boss
toLd the defendant not to call or come to the
plaintiff's place of business again. The plaintiff
called the Hampden Township Police who flied harassment
and defiant trespassing charges against the defendant.
b. On or about April 6, 1996, the defendant
telephoned the plaintiff at her place of employment
demanding to know who was In the office with her, and
later, followed that person trying to hit him with his
vehicle.
c. On almost a dally basis from JuLy 1995, until
ApriL 19, 1996, the defendant has driven by the
pLaintiff's place of employment and telephoned her
severaL times a day. The plaintiff lives and works at
an apartment complex and the defendant sits in his
vehicle at a parking lot across the street almost every
evening. On at least one occasion after the plaintiff
left her apartment, the defendant telephoned their
twelve year old daughter and asked her where the
plaintiff went. When the plaintiff returned, the
defendant telephoned her screaming that she Was not at
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the Rtore where she toLd her daught,er she was lIoing.
On another occasion, the defendant came up behind the
plaintiff while she WRR in the grocery store check-out
line, put his arm on her, and put her groceries onto
the conveyor belt until she toLd him to leave her alone
when he stormed angriLy out of the store. Another
time, when the plaintiff was putting her groceries Into
the trunk of her car, the defendant ''',me up behind her
and started to put the groceries in her trunk until she
told him to leave her alone. When she pulled away in
her car, the defendant followed her, but she was able
to get away from him.
d. In or about Januaf'Y 1996, the plaintiff wau
getting ready to close up at her place of employment
when a friend of the plaintiff's called telling her the
defendant WllEl outside in the parking lot. When the
plaintiff hung up, the telephone rang, and it was the
defendant saying he wanted to talk to her. When she
refused and hung up the telephone, the defendant came
to the locked office door, banged on the door, and
screamed for her to let him in causing her to fear for
her safety. When the plaintiff refused to let hill in,
the defendant walked away from the door. Then the
telephone rang again and it was the defendant. The
plRlntlf'f hung up the telephone Rnd did not answer the
phone which kept ringing. When the tnlephone Rtopped
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ringing, the plaintiff culled her friend and asked her
if she saw the defendant driving toward her apartment.
The friend told her that the defendant was coming
t.oward the pLaintiff's office. '\'he d,!fendant again
started banging on the office door and refused to
lelwe. Fe'u'lng for her Hafety, the plalntl ff called
the Hampden Township Police. While she was on the
telephone with the police, the other telephone line
started ringing, The police officer told her that if
it was t.he defendant she should keep him on the
telephone while they sent. out an officer. The
defendant demanded to know to whom she was talking and
why she kept puttinK him on hold. When the defendant
saw the police car, he screamed at the plaintiff asking
her If she called the police. The police then escorted
the plaintiff back to her apartment.
On Ju I y 12, 1995 and on Jantll~ry 30, 1996, the
plaintiff's bOSH sent letters to the defendant telling
him that he wa!l not t.o be on their property. Copies of
letters are incorporated herein and marked Exhibit A.
e. In or about 1991, th.~ defendant. Krabbed two knives
and threw one of the knives toward the pLaintiff. The
plaintiff call 911, and the defendant was taken to the
psychiatric ward of Lt.... Carlisle Hospital for
approximately three we...ks.
5. Th... plnint iff bel i...vl''' IInd t.hereforf'! avers that she is
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in immediate and present danller of Rbuse from the defendllnt Rnd
that she Is Ln need of protection from such abuse.
6. The plaintiff desires that the defendant be prohibLted
from having any dLrect or indirect contact with the plaintiff
including, but not Limited to, telephone /lnll wrLtt.en
communications, except for the limLted purpose of facilitating
partil\l custody arran~ements.
7. The plaintiff desires that the defendant be enjoine~
from harassing and stalk Lng the plaintiff, and from harassing the
plaintiff's relatLves, or the minor child.
8. The plaintiff desires that the defendant be restrained
from telephoning or entering her place of employment.
9. The pll\intiff desires that the defendant be enjoined
from removing, damaging, destroyinll or selling any property owned
solely by the plaintiff.
l!L.._ ~:~C1,USIVE POSSESSION
10. The apartment which the plRintiff is asking the Court
to order t.he defendl\nt to stay away from is not owned or rented
in the defendant's name.
11. The defendant has his own residence located at 17
Country Club Road, Carlisle, Pennsylvania.
Q,__ NJ'.'I'OlUlfiY..I".f:...u
l2. The plaintiff asks that the defendant be ordered to pay
rel\sonable attorney fees to Legal Services, Inc.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 Pa.C.S. S 6101 n .Il.~., ..
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amended, the plaintiff praYB thiB Honorable Court to grant the
following rellefl
A. Grant a Temporary Order pursuant to the
"Protection from Abuse Act:"
1. Ordering the defendant to refrain from
abusing the plaintiff or placing her in fear of
abuse.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications, except to facilitate
partial custody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
haraSSing the plaintiff's relatives and the minor
child.
4. Prohibiting the defendant from telephoning or
entering the plaintiff's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property owned
solely by the plaintiff.
6. Ordering the defendant to stay away from the
plaintiff's residence located at 4173 Grouse
Court, .101, Mechanlcsburg, Cumberland County,
Pennsylvania, and any other residence the
plaintiff may establish.
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B. Schedule a hearinll in I\ccordance with t.he proviBionB of
the "Protection from Abuse Act.,. and, ufter Ruch hearinll. enter
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an order to be in effect for a period of one year:
1. Ordering the defendant t.o refrain from
abusing the plaintiff or placing her in fear of
"busc.
2. Orderin~ the defendl\nt to refrain from having
any direct or indirect. cont.act with the plaintiff
including, but not limited to, telephone and
written communicntions, except to facilitate
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partial cURtody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relativeB and the minor
chi ld.
4. Prohibiting the defendant from telephoning or
entering the plaintiff'B place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property owned
solely by the plaintiff.
6. Ordering the defendant to 8tay away fro. the
plaintiff's residence located at 4173 Grouse
Court, '101, Mechanlcsburll, Cumberland County,
Pennsylvania, and any other residence the
plaintiff may establish.
R. OrclPf'inll t.h.. def"ndant t.o pay reasonable
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DVSCP
PAGE 10
".nu....y 30, 1996
MountalnMew
~
Michael D. Coxen
17 Country Club Road
Carlisle, Pa. 17013
41'/0 IJuunLdn n., lid.
OlliuR 'U2
n'ChDlllu.buru. fA 1"IM:~
1717) '/J2.llli:l7
Ll'ar Hr. Coxen,
This letter will IeI've to officJ.ally inform you that you are
prohibited from entering the property of Mountain View Village
Apartmentl at any time for any reaaon.
.
\lour ac:tiontl on January :119, 1996, are cause for arreet and I
'ran alllure you if you are found .een on or around the property
If tel' receipt of thi. letter, I will have you arre.ted and
,rees criminal chargGs againat you.
A copy of thi. letter 11 being .ent to the Hampden Township
Police, snd our attorney at Property Hanagem.n~, Inc.
Thi. will confirm that I will not tolerate eny further action.
on your part.
Lauok L. bler
Area Manager
Property Managa.ent, In:.
UllAGED .1 'llOPan WAOEn:IIT, INC.
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04/25/1996 07:52
7177781677
DVSCP
PAo3E 09
FEBRIIARY I. 1996
I. CONSTABLE GARCIA, ON 2-1-96 DILIVIR!D A LETTIR TO MICRAEL COXlN AT
KlTelllN SAVI!lRS ON HIL.I. ROAD. tlIClWtlCSBUIlG. 'A.
MR. COXEN STATED AT THAT TIKI THAT HI WAS GOING TO RITURN THI LETTIR TO
TilE PROPERTY HANACEHIlNT.
TIME OF SERVICE WAS 1214~ P.M.
E/.rRlill GARCIA
fP1STABlb I
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EXHIBIT A
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July 12, 199.5
Mr. Mlchocl COlLcn
Dcu Mr. Coxen:
Due to your photIC call I few weekl 1'0, I DOW feel free to Sit Involved wldl the ISIUI of you
and your wire. As to COlllmenll on whit mayor InlY not have taken place between you and sba,
thll lIuo concern of mine. Wbatls I c:oncenl 11 when your actions affect the operation of JOy
stafr aud the nllUllnl or Mounllln View Apartmcllts, nals I 3!W DQ1toleralll
A. a relult, Mike, IlIn dlrectllll you to Illy off the property of Mounlalll View Aplrtmellll,
IIJd refnln from c:onllCtlllI your wife or my staff whlll on dlC property. IWllut you heed my
noU.:e to you. but If you choose IIOtto, I will step in and do what Is IICCCIlary 10 lC)Ok after !he
property, my slIff, and the relldenll.
Slm:erely,
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EXH[RTT ,\
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7. The COllrt CORtR IInd feeR "re waIV'HI.
8. This Order shnl I remllln in effect. fOl' a period of Olle
year or untlJ modified or lel'rnlnllt.,'d by the Court. 'l'he Order can
be extended beyond ItR original expiration dllte If t.he Court
finds that t.h.. d,'fend'lnt hllH comml tt.,'d Ilnother act of nbuse or
has engllged In II pnttern or prllcl Ice that. Indicates continued
risk of harm to the plaintiff.
9. This Order mllY subject t.h.. defendant to: i) arrest.
under 23 I'a.e.s. ~flI13; Ii) II PI'lvllte criminal complaint under 23
Pa.e.s. Yfl113.lj ill) a ch'\l'ge of indll'l!ct criminal contempt
under 23 Pa.e.s. ~flI14, PlInishnble by imprIsonment up to six
months and II fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa.c.s. YflIJ4.1.
Resumption of co-reSidence on the part.
of t.he plaintiff IInd defendant. shall not nUllify the prOVisions
of the court. ol'der,
10. The Hampden Township Police Department uhall be
provided wit.h a certified copy of t.hls Order by the plaintiff's
attorney "nd may enforce this Order by arrest for indirect
criminal contempt without WArrant upon probable cause that this
Order haR been Violated, whether or not the violation is
commit.ted In the presence of II police officer.
In the event that
an af'l'est Is mllde under' this section, the defendant shall be
tllken without. unneCeHHlIry delllY before the court that issued the
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cumberland County, Pennsylvania, and any other residence the
plaintiff may establish.
7. The defendant, nlthough ..ntef'ing into this Agreement,
does not admit the allegations mad.. In the Petition.
8. The defendant undt'f'stllnds t.hllt. the Protection Order
entered In this matter will be in effect. for n p..riod of one year
anll can be pxt.end.,,1 bPYOIHI it ori!linal expiration date if the
COUf't finds that. t.he defendant. hll" committed anot.her act of abuse
or hilS en!la!led In II pattern or prarticp that indicates continued
risk of harm to the plaint.lff. The defendant understllnds t.hat
this Order will bp enforceable in the Hllme mnnner as the Court's
prior Temporllry Protection Order entered In this case.
9. Violation of t.he pf'ot.ec:tion Of'def' may subject the
defendant t.o: i) III'rc,..t under 23 Pa.C.S. ~6113; II) a private
criminlll complaint under 23 Pa.C.S. ~6113.1; ili) a charge of
indirect criminal contempt under 23 Pn.e.s. ~61l4, punishable by
imprisonment up to six months IInd a fine of $100.00-$1,000.00;
and iv) civil contpmpt under 23 PII.e.s. ~61l4.1.
WHEREFORE, the parU..s requpst th..t a Protection Order be
entered t.o reflect the above terms.
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LD-LLhL~;l__jL0_J___
Cathy J, f~~; Plaintiff
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....~el /0. coxen\; l>ll;e~~ant
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.;ionl~ '-ea;'~y - ->1~
Att.orney for Pr~intiff
I.~;OAJ. SERVICES, INC.
R r r'v i nfl Row
CEIl'I i ,II.., PA 17013
(717) 243-9.100
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